Академический Документы
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09-56133
RICHARD SHELLEY
Plaintiff-Appellant
Self-Represented, Proceeding Pro Se
Telephone: (714) 901-4136
7052 Natal Dr. Apt. 85,
Westminster, CA 92683
I. In this Motion is a Request for Judicial Notice pursuant to the Federal Rules of Evidence, Rule
201, made in Opposition to Appellee Litton Loan Servicing L.P.’s Request for Judicial Notice
which does not satisfy Fed. R. Evid. 201(d)
A. The record proceedings requested for judicial notice by Appellee Litton Loan Servicing L.P.
(hereinafter “Litton”) are actually void, which factual basis in this Request for Judicial Notice
(hereinafter “RJN”) in support of their being void has been provided (see RJN Ex. # 3-CLA and
others), and Litton’s request has been brought before the Court in bad faith. Litton requests that
the Court to take judicial notice of the disposition of an unlawful detainer default judgment
entered filed in the California Superior Court in the County of Orange purportedly following a
Trustee Sale regularly conducted by Appellee Quality Loan Service (hereinafter “QLS”) and the
recording of a Trustee’s Deed Upon Sale which allegedly passed legal title to a bona fide
purchaser for value without notice. But Litton has not provided the necessary basis to validate
the sale and consequently the default judgment that QLS was the Trustee of record, had authority
to conduct the sale, and that the sale was regularly conducted. Nor has Litton supplied a copy of
the purported Trustee’s Deed Upon Sale to the Court in its request which would be a requisite to
support its contention that a sale had occurred in order for the Court to take notice. See M/V Am.
Queen v. San Diego Marine Constr. Corp., 708 F.2d 1483, at *1491 (9th Cir.1983) “As a general
rule, a court may not take judicial notice of proceedings or records in another cause so as to
supply, without formal introduction of evidence, facts essential to support a contention in a cause
then before it. 29 Am.Jur.2d Evidence § 58 (1967)”.
B. The contents, declarations, and supplemental evidence provided in this Motion is proper for
Judicial Notice See Blomquist v. GMAC, 2:09-cv-00891, US Dist. (E.D. Cal. 2009) “It is not
uncommon for courts to take judicial notice of factual information found on the world wide
web.”(quoting O'Toole v. Northrop Grumman Corp., 499 F.3d 1218, 1225 (10th Cir. 2007));
(“This is particularly true of information on government agency websites, which have often been
treated as proper subjects for judicial notice.”) Paralyzed Veterans of America v. McPherson, C
06-4670, US Dist. (N.D. Cal. 2008); ("In particular, a court may take judicial notice of its own
records in other cases, as well as the records of an inferior court in other cases.") United States v.
Wilson, 631 F.2d 118, 119 (9th Cir.1980).
Shelley v. Quality - Request for Judicial Notice & Motion for Other Relief Page 2
II. In this Motion it is also respectfully asked of and Prayed for by Appellant of this Honorable
Court to Strike:
1. Appellee Litton’s Notice of Motion and Motion to Dismiss Case, FRCP 12(b)(6) Motion filed
by Defendant Litton Loan Servicing LLP as Doc. # 25 (Attachments: # 1 Memo of Points &
Authorities, # 2 Declaration of Chaise Bivin, # 3 Request for Judicial Notice, # 4 Proposed
Order) (Filed and Entered: 05/20/2009). Which was not served on Plaintiff/Appellant, and was
untimely pursuant to the time limit in the summons to respond to the complaint, the forfeiture
time limit under 15 U.S.C. 1635(b) for the offer to tender (see RJN Ex. # 2-RN2), the time limit
on which the rescission process must begin or seek relief from the Court under 12 C.F.R. §
226.23(d)(2).3., and the time limit on which the District Court had subject matter jurisdiction to
hear the motion and argument under 15 U.S.C. 1635(f).
2. The Notice of Non-Opposition to Motion to Dismiss Case, FRCP 12(b)(6) Motion 25 filed by
Stephen F. Dial as Doc. # 27 (Attachments: # 1 Declaration of Stephen F. Dial)(Filed and
Entered: 06/01/2009). Which had also not been served on Plaintiff/Appellant, and whom Stephen
F. Dial at the time had already been discharged and even said himself that he could no longer
“fulfill any sort of legal representation”. See RJN Ex. # R-POA.
III. In this Motion it is also Prayed for of this Honorable Court that Appellant be afforded an
additional 7-10 days to finish his Reply Brief, reasons why that relief should be granted being the
cause of undue delay was caused by the actions of Appellees that were beyond Appellant’s
control and had no warning of.
Whereas under these circumstances the Appellees have prevented Appellant from fully
exhibiting his case to be heard and tried by an impartial Jury, a Constitutional Right guaranteed
by US Const. art. Amend. VII, Appellees have taken actions without notice to the Court or
Appellant which in effect have caused instruments to be recorded in the official records wherein
Appellant resides which has resulted in an abuse of process wherein an unlawful detainer
complaint was filed and after attempting to have the case removed to the District Court
Appellant was wrongfully ejected from his residence and was deprived due process of law.
Which has in effect has caused undue burden and delay to this Honorable Court. Wherefore this
Honorable Court has the power to grant relief under US Const. art. Amend. XIV. Whereas also
attorney Stephen F. Dial has colluded with Appellees and connived against Appellant to his
Shelley v. Quality - Request for Judicial Notice & Motion for Other Relief Page 3
detriment. The judgment granting the motion of dismissal with prejudice in the District Court,
and the granting of default judgment and writ of execution in the Superior Court should all be
vacated, set aside, reversed or a new trial be granted, which is warranted. See United States v.
Throckmorton, 98 US 61 (1878) “There is no question of the general doctrine that fraud vitiates
the most solemn contracts, documents, and even judgments.” Id. at *64. “If the court has been
mistaken in the law, there is a remedy by writ of error. If the jury has been mistaken in the facts,
the remedy is by motion for new trial. If there has been evidence discovered since the trial, a
motion for a new trial will give appropriate relief. But all these are parts of the same proceeding,
relief is given in the same suit, and the party is not vexed by another suit for the same matter….
[T]hese proceedings are all part of the same suit, and the rule framed for the repose of society is
not violated. But there is an admitted exception to this general rule in cases where, by reason of
something done by the successful party to a suit, there was in fact no adversary trial or decision
of the issue in the case. Where the unsuccessful party has been prevented from exhibiting fully
his case, by fraud or deception practised on him by his opponent, as by keeping him away from
court, a false promise of a compromise; or where the defendant never had knowledge of the suit,
being kept in ignorance by the acts of the plaintiff; or where an attorney fraudulently or without
authority assumes to represent a party and connives at his defeat; or where the attorney regularly
employed corruptly sells out his client's interest to the other side, — these, and similar cases
which show that there has never been a real contest in the trial or hearing of the case, are reasons
for which a new suit may be sustained to set aside and annul the former judgment or decree, and
open the case for a new and a fair hearing ” Id. at *65-66.
Shelley v. Quality - Request for Judicial Notice & Motion for Other Relief Page 4
Table of Contents of the Request for Judicial Notice
Exhibit # 1-RN, consists of *1 the Qualified Written Request Notice of Rescission mailed
certified to Frank S. Livacich return receipt signed by Frank S. Livacich on March 20, 2008, and
*2-3 declarations by Richard Shelley and Philip Shelley of the verified faxing received by
Fremont Investment & Loan on or about March 21, 2008 of the Notice of Rescission at *1 Id.
Exhibit # 2-A1, consists of *1-2 material pages from the Uniform Residential Appraisal Report
signed and completed on April 4, 2006 for certain real property, and *3-4 the Preliminary Title
Report completed on May 12, 2006.
Exhibit # 2-DG, the Grant Deed before being signed, notarized, altered and then recorded.
Exhibit # 2-DGA, Recorded May 26, 2006 in Official Records, County of Orange, California -
the Grant Deed by and to Richard Shelley after being Altered and then subsequently recorded.
Exhibit # 2-DTO, the Deed of Trust before being signed, notarized, altered and then recorded.
Exhibit # 2-DTPA, Recorded May 26, 2006 in Official Records, County of Orange, California –
pages from the Deed of Trust after being Altered and then subsequently recorded.
Exhibit # 2-FWR, a disclosure received April 15, 2008 from Fremont Investment & Loan in
connection with Loan # 1000321997 together with the notice from Exhibit # 2-MC, at *1.
Exhibit # 2-MC Miscellaneous Correspondence
Exhibit # 2-MUA, an incomplete MERS Assignment Unexecuted date received unknown.
Exhibit # 2-RN2, the second Notice of Rescission mailed to Appellee Litton Loan Servicing L.P.
certified return receipt seal stamp dated April 11, 2009 offering tender of property, a total
accounting and calculation of principal due after crediting all amounts received.
Exhibit # 2-TDL, Recorded June 27, 2008 in Official Records, County of Orange, California -
the Trustee’s Deed Upon Sale Mailed to Appellee Litton Loan Servicing L.P.
Exhibit # 2-TDLA, Recorded July 10, 2008 in Official Records, County of Orange, California -
Assignment of Deed of Trust by Appellee Litton Loan Servicing L.P.
Exhibit # 2-TDR, Recorded July 16, 2008 in Official Records, County of Orange, California -
Notice of Rescission of the Trustee’s Deed Upon Sale recorded on July 10, 2008.
Exhibit # 2-WQLS, consists of *1-3 Website of Appellee Quality Loan Service Corp. snapshots,
*4-9 the linked instruments with added highlighting markups accessible from the website, and
*10-12 declarations concerning the conflicting information surrounding the instruments.
Exhibit # 3-CLA, (part 1) filings from the civil limited action in the California superior court and
facts relating to and circumstances surrounding the case.
Exhibit # 3-CLA,(part 2) filings from the civil limited action in the superior court and
declarations.
Shelley v. Quality - Request for Judicial Notice & Motion for Other Relief Page 5
Exhibit # 3-DTD, Recorded October 1, 2009 in Official Records, County of Orange, California -
the Trustees Deed Upon Sale for the total amount of the unpaid debt together with costs: $0.00
by Appellee Quality Loan Service Corp. granting and conveying for the total bid amount of
$0.00 paid by Tilamook Partnership et al. for such property, but without covenant or warranty,
expressed or implied, all right title and interest conveyed to and held by it under the Deed of
Trust executed by Richard Shelly, as trustor.
Exhibit # 3-MIN, webpage snapshots from the MERS (Mortgage Electronic Registration
Systems) of the MIN (Mortgage Identification Number) # 1001944-1000321997-4 and a
declaration.
Exhibit # 3-SP, Recorded October 6, 2009 in Official Records, County of Orange, California -
Statement of Partnership by Tillamook Partnership.
Exhibit # 3-TPGD, Recorded January 4, 2010 in Official Records, County of Orange, California
- a Grant Deed by Tillamook Partnership.
Exhibit # D-TOF, the email correspondence with the Court Reporter and the Clerk of the Court,
and the Declaration as to the Filing of the Transcript Order.
Exhibit # FB-GN, some Factual Background of Gary Nguyen and his bankruptcy attorney who
worked right next door to attorney Stephen F. Dial.
Exhibit # FB-SDS, some Factual Background of Steven David Silverstein.
Exhibit # R-POA, the Revocation in and Grant of Power of Attorney.
Exhibit # VD-PFC, past SEC case filed against two individuals who both have notarized deeds
relating to the property in this case, and one of their real estate licensing information and mailing
address.
D-ATH, Declarations as to Account Transaction History
D-CT, Declaration as to the Credit Transaction
Shelley v. Quality - Request for Judicial Notice & Motion for Other Relief Page 6
([KLELW51
UNITED STATES COURT OF APPEALS
RICHARD SHELLEY,
No. 09-56133
Plaintiff – Appellant, D.C. No. 8:09-cv-00291-CJC-MLG
V. Central District of California,
Santa Ana
QUALITY LOAN SERVICE CORP.;
LITTON LOAN SERVICING LLP EXHIBIT # 1-RN
Defendant.
I Richard Shelley Plaintiff/Appellant in the above captioned case do declare as follows. To the
best of my memory and belief on or about 3/21/08 after having received the certified delivery
return receipt included with the Notice of Rescission on the first page of this exhibit (Exhibit # 1-
RN), I instructed and authorized my son Philip Shelley to transmit the rescission notice either by
email notification or facsimile transmission and confirm delivery to Fremont Investment & Loan,
a Defendant in the above captioned case now on appeal. The transmission apparently was
successful by facsimile using a fax machine and a fax number provided by Defendant Fremont
Investment & Loan and delivery was apparently successfully confirmed telephonically by a
representative with the company. I Richard Shelley do declare under penalty of perjury that the
I Philip Shelley do declare as follows. On or about 3/21/08 with authorization from my father
Richard Shelley a party in the aforementioned captioned case of the previous page of this exhibit,
page 1 of this exhibit titled “Qualified Written Request NOTICE OF RESCISSION”(with the
return receipt included) Exhibit # 1-RN as part of this request for judicial notice, was transmitted
by facsimile to Defendant Fremont Investment & Loan at (866) 484-0291 which receipt was
proposed, the representative for Fremont Investment & Loan verified having received the
document which was identified by referring to the title of the Document as “Qualified Written
Request NOTICE OF RESCISSION”. Fremont Investment & Loan is a party in the captioned
case on the previous page of this exhibit. Which was filed in the United States District Court in
the Central District of California, Southern Division located in the city of Santa Ana, County of
Orange on 3/09/09, Case No. CACV 09-291 CJC which is now on appeal in the United States
Court of Appeals for the Ninth Circuit as Docket No. 09-56133. I Philip Shelley do declare under
penalty of perjury that to the best of my knowledge and belief the foregoing is true and correct.
,,
••• Ves
FiIt# 61TI06
21. TI1! lellOe'/Clletll may disclose 01 aist"t>uta this ~pp,aisal 'epon 10: Ih~ bOllower: anelher lende' Bt the request 01 th@
oorrower: the mongagee or lIS successors and assigns : mOOgage insurers: government sponsored enterprises; Illner
secoodary market participants: data coll ection or reporting services: pro!essmnal appraisal orgamzatioos: any (lepartment,
ageflCY, Ilr Inslrumenlatity 01 \lie IJnile(l Stales: and any slate, the Dist(,ct 01 CciumDia, or otMI jUlisdic\lons; ",,;IMul navin!! 10
obtain IhC appralser"s or supervisOry appraiser"S (il applicable) consent. Such consent must be obtaine d berore lh ls appraisal
reporl may be disc losed Ilr disuibuted 10 any other party (rnCludIl1C . but no; limited to, the Dutl!ic tnrougn advertlsinc, cuolie
lelauo~ s. news , sales. or otlltl media).
22. I am aware iMI ~ny disclosure or distributIon ul [niS appraisal report bV me or the lendef/client mav be suOject to certain
law s and regulati(lnS F~rth el , I am also subleC! 10 the provisions 01 the UnilOim Standa rds 01 Prol assional Appraisal P"elite
lhat perta in 10 d<SClcsure or distribullon by me.
23. Tne bOllowel, anotller lendel al the Icqucst 01 lhe bOlioWel. the mortgagee or IrS successors ana assigns. mortgage
InSUlCrS , govammen1 sponsoled enterprises, ana ornel secondary markel partiC ipantS may rely on til,s appraisal raport as part
01 any mortgage linanee lransaction that in~o l yes any O!le or more 01 these Danles .
24, II IhlS appraisal repM was tlan$mined as an "electrOnic record" cO!ll31ning my '·electrOniC s·gnalure:· as !nose lerms a'e
aetired wI applicab le ledelal and/ ol stale laws (e~cluding audiO and vid~o reco'dings) , 01 a lacsimile transmission oi thIS
appraisal reoon containing a copy or l€jl resenta tion 01 my signature. tM app raisal report shall be as eUeCl,ve, enlor~eaolll and
valid 2S il a paper version 01 Ihis appra Isa l repOJ1 were de livered containIng my oliginal hand wollen s i rlflalur~ .
25. Any inlentional 01 ne!1igent mlsrepresemalicn(s) conLllnea in this appnllsal repon may result 10 Civil IlablUly lIndlor
cnmnal penalties rncludmg. but nol limled to. line Of Imprisorunenl or b0111 under lhe provisions 01 Tille t8 . United States
Code. SectIon 1001, 81 SBQ ., or sim ilar stale law ~.
SUPER VISORY A PPRAI SER' S CER TIFI CAT ION : The Supervisory Appraisel cenll les ana agH~es tnat:
1, I OlleCi ly supelVlsed lhe appraisel tor thiS appraisal assignmem , have reaa the appraisal report, and agree witn the appfalser"s
analYS IS. opin ions. slatements, conClUSIons , and the appraiser"s ccni1icalion .
2. I accept lul l responsibility for Ihe contents 01 this applaisal repon inc lUding. but not limited to, the appraiser's ana lysis, cpinions ,
statements , conclUSions. and Ihe appraise(s cerlilitatlon .
3. The app raiser ,dentiliearn thIS ~ppra isa( lepon is either a sub-contractor or an employee 01 the supervisory appra iser (01 tile
appra:sa l tirm) , is Qua lified to pcrtOlm thiS apPlaisal. ana is acceptable to perlolm Ihls 3PPl31s ai UMer the aw"cable state law.
4. This appra isal l epCfl complies wil~ the Un itorm Standards ot Ploles~ional App raisal Plac!i~e that wNe aoopted ana
promulgaled by Ine AppraIsa l Standards Boord 0 1 Thli Appraisal Foundation and tha! were in place at the time thiS appraisal
lepo ~ was plepared.
5. It 1,'IS appraIsal report was transmitted as an '"etectronic record " Containin\l my "e!eC\lo!l1C SllJrtature:· as Ihose telms are
datiJ1!d in apphcab le federa l anel/or slate laws (excludmg audIO and video IccordlngSj. or a I ~csimile transmission 01 thIS
appraosal report contaIning ~ copy 01 represenlatlOJl of my sIgnature, Ille app lalsal report shall ~e as eHectil'e, entorceable and
va~d as il a pape! version 01 th ,s apPlaisal report werp aelivered comaln lnlJ my origina l nand written SI!lna ture.
Company
Signal:,';'~~~==~
,,~
Company Name
_ _ _ _ __ _ _ _ _ ~~~~
ComPiny Address 14S50 PlanlM3 OI'JV(l Company AMress
La M~8<la Ca. 006:).8
Tetephone Number 949 .510-9962 Telephone Number
Email AdOress £!!rpe<:aisa!s@c9mC3SI1>01 Ema il Address
Date 01 SI {jnatUl~ and Report Ap<j 04. ?COG Date 01 SiI)n atule
EtteClive Date ot Appraisal Apri 0.: , 2QOli Stale Cenllicailon fI
Stale Celt,IIc3tion !I or State Lice~se "
or Stale license " AL03~Q2' Ex? 0~412006 Stale
01 OtMI (aeScri~e) Siale " Exp"allOn Date ot Cen lhcatlon or li cense
Siale
hillra:icfl Date 01 Cenltication or LIcense O~"'"_"''-_ __ SUBJECT PROPERTY
Name cc=,,---=="""'''''J
C"mp.ny Name ."., I
COMPARAB LE SALES
Company Address 2t52 OuPOn1)J!!,!Q. SI.-ilo 10! 1M1e, Ca. 926 12 Did nol inspect exlerior 01 comparable s~les lrom Slreel
Did ins peel eXlelior 01 compalaOle sales tram slreet
Em aill\.Ooress Date ot In spection
Fredall! ~c FOlm 70 Marcn 2005 Page 6 016 fa nn.e Mae rcrm 10Q..( Marcn 2005
•
CIZAGUI-06f16f2006
Rl.!aIQucsu.:om ® - Repon
h11 P:llwww.rcalquest. com/jsr/rc porl.jsp?s\.! rvl..riJ=rq02&.\.! lit: nt - & ,1(.:1i on - Cl) nIi rrn & IYpc=gc.. 5/12/2006
([KLELW'*
UNITED STATES COURT OF APPEALS
Defendants – Appellees,
and
Defendant.
I Philip Shelley do declare the following. I have reviewed and compared both this exhibit
(RJN Ex. # 2-DG *1) and RJN Ex. # 2-DGA. In this declaration attached to the exhibit I have
included a miniature image shot from RJN Ex. # 2-DGA, at *1 with added red and purple
markings indicating what alterations were apparently made without Richard Shelley’s knowledge
sometime before or after the transaction which is as it appears when the instruments to have been
signed and notarized, but without formal notice for authorization nor consented approval being
made prior to or after the instrument had been recorded. Some obvious signs other than the
handwritten modifications marked in purple that were no doubt made after the apparent signing
and notarization which at the time appears to have contained no exhibit A at the time of the
transaction are as follows. The addition made following “Richard Shelley, an Unmarried
Man” in Times New Roman font, the following was added using Courier New font similar to
this:
quoted in
n the instrum
ment from wh
hich they aree cited and R
Richard Sheelley did not ever acquiree title
y nor ever as Richard Shelly. Thee legal desccription is nnot the full legal
as Richaard L. Shelly
descriptio
on which theere was plen
nty of room for.
f The purpported addreess added to the instrum
ment is
declare under
u penalty
y of perjury
y that I have reviewed thhe exhibits rreferred to inn this declarration
(E) "MERS" is Mongage Electronic Registration Systems. Inc. lvIERS is a separale corporation thal is acting
solely as a nominee for Lender and Lender 's successors and assigns. MERS is the beneficiary under this
Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and
telephone number of P.O. Box 2026, Flint, M] 4850 1-2026, tel. (888) 679-MERS.
(F) "Note" means the promissory note signed by Borrower and dated t.!ay 15, 2006
The Note states that Borrower owes Lender Two Hundred Seventy-Three Thousand and
No / 100 ---------------------------------------------- DollMS
(U.S. $ 273, 000 . 00 ) plus interest. Borrower has promised lO pay this debt in regular Periodic
Payments and to pay the debt in full nOl later than June 1 , 2036
(G) " I>roperty" means the property that is described below under the heading "Transfer of Rights in the
Property."
(H) " l oan" means the debt evidenced by the Note, plus interest. any prepayment charges and lale chMges
due under the Note, and all sums due under !his Security Instrumenl, plus intereSt.
(I) " Riders" means all Riders to this Secur ity Instrument thaI are executed by Borrower. The foUowing
Riders are to be executed by Borrower rcheck box as applicable]:
(J ) "Applicable Law" means all conlrolling applicable federal. state and local stalUtes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final.
non-appealable judicial opinions.
(K) "Comm unity Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Properly by a condominium association, homeowners
association or similar organization.
(L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an elOClI'onic terminal, telephonic instrumenl,
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an
account. Such term includes, but is not limited to, poinl-of-sale transfers, auLOmated teller machine
transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(M) "Escrow Items" metms those items that are described in Section 3.
(N) " Miscellaneous Proceeds" means any compensation, settlemenl, aWMd of damages, or proceeds paid by
any th ird party (other than insurance proceeds paid under the coverages described in Section 5) for: (i)
damage to, or dcstruction of, the Property; (ii) condemnation or o ther taking of all or any part of the Property;
(iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or
condition of lIle Property.
(0 ) "Mortgage Insurance" means insurance proleCting Lender against the nonpayment of, or default on, the
Loan.
(P) "Periodic Payment" means the regularly scheduled amoum due for (i) principal and intercst under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
Inlll_I",_ _ __
Q-6A{CA) (0207) Pege201 IS Fo rm 3005 1101
®
(Q) " RESPA" means the Real Estate Setllement Procedures Act (12 U.S.c. Section 260 1 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time,
or any additional or successor legislation or regulation that governs the same subject matter. As used in this
Security Instrument, "RESPA " refers to all requirements and restrictions that are imposed in regard to a
"federally related rnongagc loan " even if the Loan docs nm quali fy as a "federally related mortgage loan"
under RESPA .
(R) "S uccessor in Interest o f Borrower" means any party that has taken title to the Property, whether or not
thaI party has assumed Bo rrower 's obligations under the Note and/or this Security InslIUmenl.
TOGETIffiR WITH all the improvemellls now or hereafter erected on the property, and all casements,
appurtenances, and fi xturcs now or hereafter a part of the property. AU replacemellls and additions shall also
be covered by this Security InSlrumenL All of the forego ing is referred to in this Security Instrument as the
"Property." Borrower understand" and agrees that MERS holds only legal title to the interests granted by
Borrower in this Security InSlrumeIll, but, if necessary to comply with law or custom , MERS (as nominee for
Lender and Lender's successors and assigns) has the right: to exercise any or all of those intefCSts, including,
but not limited 10, the right to foreclose and sell the Property; and to take any action required of Lender
includi ng, but nOl lim ited to. releasing and canceling this Security lnslrument.
BORROWER COVEN ANTS that Borrower is lawfull y seised of the estate hereby conveyed and has
the right to grant and convey the PI"operty and that the Property is unencumbered, except for encumbrances
InI 1Ial.,,_ _ __
G ®
-6A (C A ) (020 7 ) Paee 301 15 Form 3005 1/01
Exhibit # 2-DTPA
Recorded In Official Records , Orang e County
Prepared By:
BARBARA LI CON
1000321997
~:::""""
--==.q""------ [Space Above This Line For Recording Data] - - - - -- - -- --
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections
3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided
in Section 16. .
(A) " Security Instrument" means this document, which is dated May 15 , 2006
rogether with all Riders to this document.
(B) "Borrower" is RICHARD SHELLEY, AN UNMARRIED MAN AS HIS SOLE AND SEPARATE
PROPERTY.
Lender is a CORPORATION
organized and existing under the laws of CA L I FORN I A
CALIFORNIA -S ingle Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS Form 3005 1/01
TOGETHER WITH all the improvements now or hereafter erected on llie property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also
be covered by lliis Security Insb.1iment. All of the foregoing is referred to in this Security Insb.1iment as llie
"Property." Borrower understands and agrees that MERS holds only legal title to llie intereslS granted by
Borrower in this Security Insb.1iment, bu~ if necessary to comply with law or custom, MERS (as nominee for
Lender and Lender's successors and assigns) has the right to exercise any or all of lliose interests, including,
but not limited to, llie right to foreclose and sell the Property; and to take any action required of Lender
including, but not limited to, releasing and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to grant and convey the Property and dlat llie Property is unencumbered, except for encumbrances
G ®
-SA(eA) (0207) Page :l of15
' n "'a',,~ Form 3005 1/01
Richard Shelly
6721 Tillamook Avenue
Westminster, CA 92683
Dear M e. Shelly:
Thank you for your correspondence received July 25, 2008, regarding the referenced loan.
Effective June 1,2008, the servicing of your loan transferred from Fremont Investment & Loan to Litton
Loan Servicing LP (" Litton"). Litton services your loan in accordance with the original loan documents
signed at closing; the terms and conditions afyouc loan did not change as a result of the loan transfer.
The Validation of Deb! Notice dated June 13, 2008, stated the amount of debt as of the date of the notice.
As of this date, the amount of debt was $295,880.39. The debt consisted of a principal balance of
$271,587.04, interest of $20,544.24, an escrow advance balance of $2,312.00, a late fee balance of
$1 , 108.89, an other fee balance of $2,381.65, and a miscellaneous suspense account credit of$2 ,053.43.
Suspense accounts are where funds are held for future use.
In an effort to provide you with infonnation regarding the loan's terms, enclosed arc copies of the
Adjustable Rate Note, Deed of Trust, and applicable Riders for your review.
We have also enclosed a copy of the Detail Transaction History for your review. This document will
serve as an accounting of all payments posted, all payments disbursed, and fees assessed to the loan. The
Detail Transaction History repoll will also detail a ruooing principal balance.
Cellain data is considered confidential and proprietary information. Therefore, we are unable to provide
the licensing information requested in your correspondence.
As of the date of this letter, the loan is contractual ly due for the November 1, 2007 through
August 1,2008 installments of S25 ,088.40, which include a late fee balance ofSI ,367. 19, and an other
fee balance of S2,988 .65.
IF YOU ARE NOT OBLIGATED ON THE DEBT OR IF THE DEBT HAS BEEN
DISCHARGED IN A BANKRUPTCY PROCEEDING, THIS IS FOR INFORMATIONAL
PURPOSES ONLY AND IS NOT AN ATTEMPT TO ASSESS OR COLLECT THE DEBT
FROM YOU PERSONALLY.
Doc 10: 25 1992
Richard Shelly
Page 2
August 20, 2008
Should you have any further questions, please contact our Default Counseling Department at
1-800-999-8501 or visit our website at www.littonloan.com.
Sincerely,
Enclosures: Adjustable Rate Note, Deed of Trust, applicable Riders, and Detail Transaction History
Quality Loan Service Corp.
2141 5th Avenue
San Diego, CA 92101
619-645-7711
Date: 11119/2008
3. As of 11/6/2008 the total delinquency owed was $31,610.15, because of interest, late charges, and other
charges that may vary from day to day this amount will increase until the delinquency has been fully paid.
Before forwarding payment please contact the above at the address or phone number listed in order to
receive the current amount owed.
4. As of 11119/2008, the amount required to pay the entire debt in full was the unpaid principal balance of
$271,440.29, plus interest from 10/1/2007, late charges, negative escrow and attomey and/or trustee's fees
and costs that may have been incurred. The amount will increase daily until the debt has been paid in full.
For further information please write to the above listed address or call 619-645-7711.
5. You may dispute the validity of this debt, or any portion thereof, by contacting our office within thirty
(30) days after receiving this notice. In that event, we will obtain and mail to you written verification of
the debt. Otherwise, we will assume that the debt is valid.
Richard Shelley
6721 Tillamook Ave, Westminster, CA 92683
This is the fust I've heard from you, or any other company on this matter therefore, in
accordance with the Fair Debt Collection Practices Act, Section 809(b): Validating
Debts:
(b) If the consumer notifies the debt collector in writing within the thirty-day
period described in subsection (a) that the debt, or any portion thereof, is disputed,
or that the consumer requests the name and address of the original creditor, the
debt collector shall cease collection of the debt, or any disputed portion thereof,
until the debt collector obtains verification of the debt or any copy of a judgment,
or the name and address of the original creditor, and a copy of such verification or
judgment, or name and address of the original creditor, is mailed to the consumer
by the debt collector.
• Official Notorized (as of Most Recent Date) Copies of The Original Note
of Unsatisfied Obligation
Be advised that I am fully aware of my rights under the Fair Debt Collection Practices
Act and the Fair Credit Reporting Act. For instance, I know that:
r
• because I have disputed this debt in writing within 30 days of receipt of your
dunning notice, you must obtain verification of the debt or a copy of the judgment
against me and mail these items to me at your expense;
• you cannot add interest or fees except those allowed by the original contract or
state law.
• you do not have to respond to this dispute but if you do, any attempt to collect this
debt without validating it, violates the FDCPA;
Also be advised that I am keeping very accurate records of all correspondence from you
and your company including recording all phone calls and I will not hesitate to report
violations of the law to my State Attorney General, the Federal Trade Commission and
the Better Business Bureau.
I have disputed this debt; therefore, until validated you know your information
concerning this debt is inaccurate. Thus, if you have already reported this debt to any
credit-reporting agency (CRA) or Credit Bureau (CB) then, you must immediately inform
them of my dispute with this debt. Reporting information that you know to be inaccurate
or failing to report information correctly violates the Fair Credit Reporting Act § 1681s-2.
Should you pursue a judgment without validating this debt, I will inform the judge and
request the case be dismissed based on your failure to comply with the FDCPA.
Finally, if you do not own this debt, I demand that you immediately send a copy of this
dispute letter to the original creditor so they are also aware of my dispute with this debt.
3. Service Type
..8.Certified Mall 0 Express Mall
Q Registered 0 Return
r-_D~l_lns_u_~~M~all~~D~~C~.O~.D~.__~ru
2. Article Number
(rransferfrom service fI 7007 3020 0002 2196 6328
I PS Form 3811 . February 2004 Domestic Return Receipt
4828 Loop Central Drive
". Litton Loan Servicing~ Houston, TX 77081
Telephone 1-800-247-9727
Fax 713-218-3777
www.littonloan.com
January 5,2009
Richard Shelly
6721 Tillamook Avenue
Westminster, CA 92683
Thank you for your correspondence received on December 31, 2008, regarding the referenced loan.
The correspondence received constitutes the letter as a "qualified written request" under the Real Estate
Settlement Procedures Act ("RESPA"). RESPA's "qualified written request" provisions require loan
servicers to provide only information and doc,\llllentation that relates to the servicing of a loan. In
compliance with these requirements, we are providing copies of documents and information that relate
primarily to the servicing of your loan.
Litton Loan Servicing LP ("Litton") services the loan in accordance with the terms of the original loan
agreement. In an effort to provide you with information regarding the loan's terms, enclosed are copies
of the Adjustable Rate Note, Deed of Trust, Uniform Residential Loan Application, Federal Truth-In-
Lending Disclosure Statement, Good Faith Estimate, and appycable Riders for your review.
We have enclosed a copy of the Detail Transaction History for your review. This document will serve as
an accounting of all payments posted, all payments disbursed, and fees assessed to the loan. The Detail
Transaction History report will also detail a running principal balance.
According to the terms of the original agreement, if the loan is in default, the mortgage servicer is
permitted to order property inspections, Competi6ve Market Analysis's 's ("CMA"), perform property
preservation measures, and if necessary, refer the loan for legal action.
A CMA is an inspection conducted by a mortgage broker wherein the broker obtains a valuation of the
property. A CMA is completed for purposes of property preservation under the terms of the loan
documents.
The mortgagor is responsible for the reimbursement of the corporate advance expenses. Enclosed is a
copy of the Composite Report, which itemizes all corporate advance fees assessed to the loan. Corporate
advance fees may also be referred to as "other" fees.
IF YOU ARE NOT OBLIGATED ON THE DEBT OR IF THE DEBT HAS BEEN DISCHARGED IN A
BANKRUPTCY PROCEEDING, THIS IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT
Al"l" ATTEMPT TO ASSESS OR COLLECT THE DEBT FROM YOU PERSONALLY.
Doc ID: 289623
ltichard Shelly
January 5, 2009
Page 2
Litton is servicing the loan on behalf of HSBC Bank USA, National Association, as trustee under the
Pooling and Servicing Agreement dated as of September I, 2006, Fremont Home Loan Trust 2006-C.
Wells Fargo is the Trust Administrator. All inquiries regarding the loan should be forwarded to:
We are unable to accept the tenns stated on your correspondence. On October 8, 2008, the loss
mitigation request was denied.
The loan has been referred to an attorney for forecloswe . Therefore. we recommend you contact a
foreclosure loan counselor to discuss options for which you may qualify.
To request a reinstatement or payoff amount, please contact the Quality Loan Service Corporation at
(619) 243-3951.
Should you have any further questions, please contact our Foreclosure Department at (800) 999~8501 or
visit our website at www.littonloan.com.
Sincerely,
Enclosures: Adjustable Rate Note, Deed of Trust, Uniform Residential Loan Application,
Federal Truth-In-Lending Disclosure Statement, Good Faith Estimate, applicable Riders,
Detail Transaction History, and Composite Report
Exhibit # 2-MUA
Recording Requested By/Return To: FREMONT INVESTMENT 8. LOAN
P.O. BOX 34018
FULLERTON, CA 92834-34018
ASSIGNMENT OF DEED OF TRUST
FOR VALUE RECEIVED, Mongage Electronic Registration Systems. Inc. ("MERS") as nominee for
FREMONT INVESTMENT I LOAN its successors and assigns. docs hereby grant. sell.
assign. transfer and convey. unto
• a COI'JXlralion
organized and existing under the laws of (herein "Assignee").
whose address is
ilS successors and assigns. aU ilS right, title and interest in and to a certain Deed of Trust. dated May 15. 2006
. made and executed by RICHARD SHELLEY, AN UNMARRIED MAN AS HIS SOLE
AND SEPARATE PROPERTY.
such Deed of TruSl having been given to secure payment of Two Hundred Seventy-Three Thousand
and Noll 00 -------------------------------------- ($ 213,000.00)
(Incl ude the Original Princip.l Amount)
which Deed of Trust is of record in Book, Volume. or tiber No. ,at page (or
as No. ) of the Records of
County. State of , together with the nOle(s) and obligations therein
described, the money due and to become due !hereon wi!h interest, and all rights accrued or to accrue under such
Deed of TrusL
MERS· Multl,tllt.
A.,lgnment of Deed of Trult
0..950 (0110).01 10101
P.g.' a12
VMP 1oI0 ATG",OE FOAMS • (IOOI521·72i11 11111111111
TO HAVE AND TO HOLD, the same Un!O Assignee, its successor and assigns, forever, subject only to the
terms and condilions of the above-described Deed of TruSL
IN WTINESS WHEREOF, the undersigned Assignor has executed this Assignment of Deed of Trust on
W;tncn D. PEREZ
AIt~$ 1 T. CARTER
We recently sent you a signed rescission form by way of fax and you did not
respond. This notice shall be used as an Official Notification of offer to tender
property known as 6721 Tillamook Westminster California 92683 A.P.N.203-49\-20
provided that you return the original Note, Deed of Trust, applicable Riders, all
original documentation received from prior lender known as Frank Livacich in
connection with the loan dosing and all proceeds from the loan consumption in
addition to interest and payments you've received under the note. By not including
an expiration date on the three day right of rescission form is a violation of The
Truth In Lending Act which extends our rescission right for up to three years this
shall be effective notice to all parties in interest effective as of the date of your
signatory receipt. In addition to tbe above requested before tender is made you must
record a release of mortgage in the local county records where the property is
located and tender must be made at the location of the property as we are cboosing
to make that request. Please be advised that we also reserve the right to tender the
funds in exchange for release of the security interest on the property so please do the
proper accounting calculations so as we might be able to readily settle tbis
agreement in this case. enclosed are copies of our signed forms of rescission with no
expiration date, prompt response within twenty days of receipt of this notice is
demanded.
Vou may keep any money or property we have given you until we have done the things mentioned above,
but you must then offer to return the money or property. If it is impractical or unfair for you to return the
property , you must offer its reasonable value. You may otter to return the property at your home or at the
iocation of the property. Money must be returned to the address below.
If we do not take possession of the money or property within 20 calendar days of your offer, you may
keep it without further obligation.
HOW TO CANCEL
If you decide to cancel the new transaction, you may do so by notifying us in writing, at:
FREMONT INVESTMENT & LOAN
1000 N. PACIFICENTER DRI VE
ANAHEIM. CA 92806
Funding Dept. Attn: Funding Manager
Vou may use any written statement that is signed and dated by you and states your intention to cancel,
and/or you may use this notice by dating and signing below. Keep one copy of this notice because it
contains important information about your rights.
If you cancel by mail or telegram , you must send the notice no later than midnight of --=cc----
(d Ol')
(or midnight of the third business day following the latest of the three events listed above). If you send or
deliver your written notice to cancel some other way , it must be delivered to the above address no later
than that time.
I WISH TO CANCEL
,~.~~~~-------- Oote
[/We Received Two (2) copies of the Notice of Right to Cancel this Date _ _ _ _ _ _ _ _ _ _ _ • 20 _ _ .
(Signan...)
(Signolln)
You may keep any money or property we have given you until we have done the things mentioned above,
but you must then offe r to return the money or property. If it is impractical or unfair for you to return the
property , you must offer its reasonable value. Yo u may offer to return the property at your home or at the
location of the property. Money must be returned to the address below.
If we do not take possession of the money or property within 20 calendar days of your offer, you may
keep it without further obligation.
HOW TO CANCEL
If you decide to cancel the new transaction , you may do so by notifying us in writing , at:
FREMONT IN VESTMENT a LOAN
106 5 N. PACIFI CENTER DR I VE
ANAHEIM , CA 92806
Funding Dept . Attn: Funding Mana ger
You may use any written statement that is signed and dated by you and states your intention to cancel,
and/or you may use this notice by dating and signing below. Keep one copy of th is notice because it
contains important information about your rights.
If you cancel by mail or telegram, you must send the notice no later than midnight of __,,;;;:;_ _ __
(d.to)
(or midnight of the third business day following the latest of the three events listed above). If you send or
deliver your written notice to cancel some other way, it must be delivered to the above address no later
than that time.
,~ "',.."c-- - - -- -
Itwe Received Two (2) copies of the Noti ce of Right to Cancel this Date , 20 __ .
Law Offices of Les Zieve, as T rustee, (whereas so designated in the Deed of Trust hereunder more particularly
described or as duly appointed Trustee) does hereby GRANT and CONVEY to
HSBC Bank USA, National Association, as Trustee under the Pooling and Servicing
Agreement dated as of September 1,2006, Fremont Home Loan Trust 2006-
(herein calJed Grantee) but without covenant or warranty. expressed or implied, all right title and interest conveyed to and
now held by it as Trustee under the Deed of Trust in and to the property situated in the county of Orange, State of
CALIFORNIA, described as follows:
LOT 174, TRACT 2388, IN THE CITY OF WESTMINSTER, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 77, PAGES 39 TO 41 INCLUSIVE OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES LYING
BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID PROPERTY, BUT WITH NO RIGHT OF
SURFACE ENTRY. AS PROVIDED IN DEEOS OF RECORD.
Th is conveyance is made in compliance with the terms and provisions of the Deed of Trust executed by RICHARD
SHELLEY, AN UNMARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY as Trustor, daled 5/1512006 of the
Official Records in the office of the Recorder of Orange, Califomia under the authority and powers vested in the Trustee
desigllated in the Deed of Trust or as the duly appOinted Trustee, default having occurred under the Deed of Trust
pursuant to the Notice of Defau lt and Election to Sell under the Deed of Trust recorded on 512612006, instrument number
2006000359250, Book ,Page of Official records. Trustee having complied with all.applicable statutory requirements of
.-
the State of California and performed all duties required by the Deed of Trust including sending a Notice of Default and
Election to Sell within ten days after its recording and a Notice of Sale at teast twenty days prior to the Sale Date by
certified mail, postage pre-paid to each person entitled to notice in compliance with California Civil Code 2924b.
TRUSTEE'S DEED UPON SALE
T5#: 8190
LO<ln II: 40191 066
Order#: E128151
All requirements per Califomia Statutes regarding the mailing, personal delivery and publication of copies 01 Notice of
Default and Election to Sell under Deed of T rust and Notice of Trustee's Sale, and the posting of copies of Notice of
Trustee's Sale have been complied with. T rustee, in compliance with said Notice of T rustee's sale and in exercise of its
powers under said Deed of Trust sold said real property al public auction on 6120/2008 . Grantee, being the highest bidder
at said sale became the purchaser of said property for the amount bid, being $297,708,64, in lawful money of the United
States, in pro per, receipt thereof is hereby acknowledged in full/partial satisfaction of the debt secured by said Deed of
Trust.
In witness thereof. Law Offices of Les Zleve, as Trustee, has this day. caused its name to be hereunto affixed by its
officer thereunto duly authorized by its corporation by-laws.
Dale: 6120{2008
LAW OFFICES OF LES ZIEVE, as Tr ustee
r
By:
Chr istine 0 '8 • Tr t ee ale Offic er
Siale of California
County of Orange
On 6·20-08 before me. Gaby Ospino. personally apPeared. Christine O'Brien who proved to me on Iho basis of satisfactOl)' evidence to be the
persoo{s) whose name{s) isfare subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in
hislherllhelr authorized capacity(ies). and that by hisJherftheir signature(s) 011 the instrument the person(s), or the entity upon behalf of whIch
the person{s) acted. executed the Instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California thai the foregoing paragraph is true and correet.
• __ d ", '1
II ·,'III ...... ',WJ
1.1.1'1' 11.1/ ' -\'1 II/:rl! . _ l 'n lol:C1!iI IHL UH )
Exhibit # 2-TDLA
Recorded In
In Official
Official Records, orange county
orange county
Tom Daly,
Daly, Clerk-Recorder
Clerk-Recorder
LITTON
LITTON LOAN SERVICING LP
LOAN SERVICING
4828
4828 Loop Central
Central Drive
Drive
Houston,
Houston, TX 77081·2226
77081-2226
all beneficial
beneficial interest
interest under
under that
that certain
certain Deed of Trust
Trust dated: 5/15/2006 executed
dated: 5/15/2006 executed by RICHARD
RICHARD SHELLEY,
SHELLEY, AN
UNMARRIED
UNMARRIED MAN MAN ASAS HIS
HIS SOLE
SOLE AND AND SEPARATE
SEPARATE PROPERTY,
PROPERTY, as Trustor(s),
Trustor{s), to Fremont
Fremont General
General Credit
Credit
Corporation,
Corporation, A California
California Corporation,
Corporation, as Trustee,
Trustee, and recorded
recorded as Instrument
Instrument No. 2006000359250,
2006000359250, on
5/26/2006, in Book
5126/2006, Book ,Page
,Page of Official
Official Records,
Records, in the
the office
office of the County
County Recorder
Recorder ofof Orange
Orange County,
County,
California
California together
together with the Promissory secured by said Deed of
Promissory Note secured of Trust
Trust and also
also all rights
rights accrued
accrued or to
accrue
accrue under Deed of
under said Deed of Trust.
Trust.
Dated:
Dated: _ _ _ __ _ _ _ __ By: Fremont
Fremont Investment
Investment & Loans
Loans
Diane Dixon
Assistant Vice President
Litton Loan Servicing LP.Attorney-in-fact
State of ,I ~
State xaS.
~)(.as.
County of
County a ....•...
IIff a rt5
rt",S
On .III~
.11It\!.30 .200B
200B before
before me. 6rend:et E
6rend:et E McKio7¥
McKio7C¥ ' personally
personally appeared
appeared. .
'DIane
iane Dixon
DIXon who
who proved
proved to me on the baSIS
baSIS of satisfactory
satisfactory evidence
evidence be the person(s)
person(s) whose t
whose name(s)
name(s) is/are
is/are
subscribed
subscribed to the within
within instrument
instrument and acknowledged
acknowledged to 10 me that he/shelthey executed
that he/shelthey executed the same
same in his/herltheir
his/herJlheir authorized
authorized capacity(ies),
capacity(ies), and
that
that by his/herltheir
his/her/their signature(s)
signalure(s) on the instrument
instrument the person(s),
person(s), or
or the entity
entity upon behalf
behalf of which
which the person(s)
person(s) acted,
acted, executed
executed the
instrument.
instrument.
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1.0:111 #: 40191066
TS II:81 90
NOTICE OF RESCISSlON OF TRUSTEE'S DEED UPON SALE
This Nolicc or Rescission is made this day July 14, 2008 with respect to the fo llowing:
I.) THAT Law OOices of Les Zievc is the duly appointed Trustee under that certain Deed of Trust daled
5/ 15/2006 and recorded 5/26/2006 as instrument number 2006000359250 in book page wherein RICHARD
SHELLEY, AN UNMARRIED MAN AS HIS SOLE AND SEPARATE PROPERTY are named us Trustors.
Fremont Generdl Crcdit Corporation, A Califomia Corporation is named as truslee, and Fremont Investment &
Loan as lender, Mortgage Electronic Registration Systems, Inc .• is named as beneficiary;
2.) THAT THF. DEED OF TRUST encumbers real property located in the County of Orange, State of
California, described as follows;
LOT 174, TRACT 2388, IN THE CITY OF WESTMINSTER, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 77, PAGES 39 TO 41 INCLUSIVE OF
MISCELLANEOUS MAPS, IN T HE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON SUBSTANCES LYING
BELOW A DEPTH OF 500 FEET FROM THE SURFACE OF SAID PROPERTY, BUT WITH NO RIGHT OF
SURFACE ENTRY, AS PROVIDED IN DEEDS OF RECORD.
3.) THAT BY VIRTUE OF a default under the terms of til e Deed ofTrusl, the beneficiary did declare a
dcfault, as set forth in a Notice of Default recorded 10/25/2007 as inst rument number 2007 000651478 in book
p'lgl! in the office orthe Reco rder of Orange County. State of California;
4.) T HAT TH E TRUSTEE has been informed by the Benefi ciary that the beneficiary desires to rescind Ille
Truslee 's Deed recorded lIpon the foreclosure sale wh ich was conducted in error due 10 a fa ilure 10
communicate timely, notice of conditions which would have warranted a cancellation of the forec!osllre which
did occur on 6/20/08;
5.) THAT THE EXPRF.SS PURPOSE of this Notice of Rescission is to retum the priority and existence
o f all ti tle and lien holders to the status quo-ante as existed prior to the trustee's sale;
NOW T HEREFORE. THE UN DERSIGNED HEREBY RESCINDS THE TRUSTEE'S SALE AND
PURPORTED TRUSTEE'S DEED UPON SALE AND HEREBY ADV ISES ALL PERSONS THAT THE
TRUSTEE'S DEED UPON SALE DATED 6/20/08 AND RECORDED 6-27-bs AS INSTR UMEN T
NUMBE R 08-310088JN TH E COUNTY OF Orange , STATE OF Cali fomia, FROM Law Offi ces ofLes
Z;cvc (TRUSTEE) TO (GRANTEE) IS HEREBY RESCINDED, AND IS AND SHALL BE OF NO FORCE
ANn EFFECT WHATSOEVER. T HE DEED OF TRUST DATED 5/15/2006, RECORDED 5/ 2612006 AS
INSTRUM ENT NUMBER200G000359250 IN BOOK . PAGE , IS IN FUL L FORCE AND EFFECT.
Law Offices of Les Zieve, as Trustee
State 01 Calilomla
County 01 Orange
On 7-14·08 before me, Gaby Ospino, Notary Public, personally appeared Christine O'Brien who proved to me on the basis 01 satisfactory
evidenCE! to be the person{s) whose name(s) Is/are subscribed to the within Instrument and acknowledgement to me that he/she/they executed
the same in hisfherltheir authorized capacity(ies). and that by hls/herltheir signature(s) on the instrument the person(s). or the entity upoo
behalf of which the person(s) acted, executed t he instrument.
I certify under PENAL TV OF PERJURY under the laws of the Stale of California that the foregoing paragraph is true and COfrect.
"rr r t'..
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I I 'I. I
Exhibit # 2-WQLS
Quality Loan Service Corporation
provides non-judicial foreclosure processing in several Western
States. QLS provides the most efficient time-line processing in the
industry through use of state of the art software combined with
seasoned veterans throughout the company. It would be our pleasure
to discuss your specific non-judicial foreclosure related needs at any
time. Please feel free to contact us at 619.645.7711.
Please include the TS Number and/or the address of the property and
one will be sent to you within 24 hours.
By agreeing to these terms you will leave the Quality Loan Services
website and be directed to the ASAP or Priority website as necessary.
Contact Us
General Inquiries
For general inquiries:
LQIR#TXDOLW\ORDQFRP
File Detail
Downloads
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UNITED STATES COURT OF APPEALS
Defendants – Appellees,
and
Defendant.
I Richard Shelley do declare that my review of the first nine pages of this exhibit and the
three files attached to the best of my knowledge and review of them consist of webpage
snapshots (E.# 2-WQLS *1-3) taken from Appellee Quality Loan Service Corp.’s (hereinafter
the three linked download files (RJN E.# 2-WQLS *4-9) with highlights and other markups
added only to these first nine pages and not to the three files attached which are apparently the
original copies downloaded from the three links at *3 of this exhibit which I shall email copies
of to the Court for the Court’s convenience. I Richard Shelley do declare under penalty of
perjury to the best of my knowledge that the foregoing is true and correct.
I Philip Shelley do declare the following. RJN E.# 2-WQLS *3 is a snapshot of Appellee
shows that the alleged Trustee’s Deed Upon Sale was allegedly recorded on 3/12/10
approximately 67 days after Tillamook Partnership (hereinafter “Tillamook”) allegedly sold the
property to Yan Chun Ji on 1/04/10 (see RJN E.# 3-TPGD), 157 days after Tillamook was
created on 10/06/09 (see RJN E.# 3-SP), 162 days after the alleged Trustee’s Deed was actually
recorded by Tillamook on 10/01/09 (see RJN E.# 3-DTD), 163 days after Tillamook represented
by an associate of Litton filed the civil limited action on 9/30/09 (see RJN E.# 3-CLA), 170 days
after the date the alleged sale was allegedly held on 9/23/09 (see RJN E.#s 2-WQLS, at *3; and
3-DTD), 366 days after the alleged sale was allegedly scheduled to take place on 3/11/09 (see
E.# 2-WQLS, at *8), and 491 days after the alleged default allegedly occurred on 11/06/08 (see
RJN E.# 2-WQLS, at *6). The following discrepancies were also found and referred to by
different color h/l(highlight) and boxed markups, in the first download file included (E.# 2-
WQLS *4-5) titled ‘Trustees Deed Upon Sale’ which was neither executed nor recorded it shows
on the first page, the incorrect zip code for the City of Westminster, CA in the left top area in red
h/l showing delivery wanting, there is no legal description of any property just a “see attached”
in red h/l but there is no attachment at all, the trustor defectively named at the bottom in red h/l,
the correct account in blue boxed and h/l as well as the MIN in green/blue h/l both attributable to
the Deed of Trust at issue in this case (see Compl. Ex. B, at *1), although bearing the same TS #
and Order # as in the other two files all boxed in teal around the top areas of the pages, Ex.# 2-
WQLS, at *6-8 pages however bear no MIN at all and bear an account number of indebtedness
not belonging to me and has no relation to the Deed of Trust at issue in this case, but each those
the Grant Deed and in the Deed of Trust (see RJN E.#s 2-DG; and 2-DTO, at *1). In all the
notices they give vague misleading references using words like “said” and “such” evading the
roles of others and the actual role QLS purportedly played since there is no Substitution of
Trustee, as well as giving misleading references to “NOTE(S)” implying the possibility of there
being more than one and being evasive as to what actual default had occurred if any at all.
Differences between the purported Trustee’s Deed Upon Sale downloaded from QLS’s website
(RJN E.# 2-WQLS *4-5 also original attached) and the one recorded (RJN E.# 3-DTD) are as
follows. The amount claimed to be due and owing as well as the amount of the purported bid was
removed from the one recorded, on RJN E.# 3-DTD, at *1 a legal description was inserted in
place of the “see attached” on E.# 2-WQLS, at *4 even though there was no legal description
attached, and the intended signatory “Bounlet Louvan Assistant Vice President” E.# 2-WQLS, at
*5 was changed to “Jenny Rios Assistant Secretary” RJN E.# 3-DTD, at *2. The three files
attached which consists of one MS Word (.doc) file and two Adobe (.pdf) files are originals
I Philip Shelley do declare under penalty of perjury that the foregoing is true and correct.
I Richard Shelley do declare the following. Ex. # 3-CLA *1 is a document that was signed by
Gray Nguyen and personally delivered on September 28, 2009 one several times three Asian
men came to my house loudly banging at my door very late in the evening around 9:00pm who
kept banging and when I answered the door they told me that they allegedly purchased at auction
my house had what one of the men held in his hand at the moment called “the trust deed to prove
it” and claimed they were the owners now but they refused to show me the instrument and they
wanted me to get out what seemed like immediately because they kept insisting that I unlock and
open my metal screen door and would not leave giving me the impression that if I had opened
the door they would’ve attacked me, forcibly entered and invaded my home, I honestly felt that
my physical safety was threatened so I told them a couple times if they did not leave I was going
to call the police. After the second time I went and picked up the telephone, came back to the
door and told them I was calling at which point they walked backed to their car parked a couple
of houses down across the street which I thought was suspicious. I hung up the phone because I
thought that they were leaving which they did but sat in their car about two minutes before doing
so. The document gives the false impression that if an eviction lawsuit was to be filed it
would’ve been by Giant Gate Group, Inc. and when I checked to see if anything had been
I Philip Shelley do declare the following. The facts of and surrounding this unlawful
detainer and eviction are far beyond fraudulent, unfair, deceptive and an absurd abuse of process.
Every one of the times those Asian men came to harass us they banged on the door so loud all
the windows in the house rattled. Later on after they had left I called the number provided in the
notice to find out what exactly they were talking about, I spoke to Gary I believe who had no
idea who the original or Trustee of record was which was still the original Trustee named in the
Deed of Trust Fremont General Credit Corporation and at first he could not recall who allegedly
sold the property until I asked him if it was Quality Loan Service Corp. (hereinafter “QLS”) and
his reply gave me the impression that was accurate. So I told him that QLS was not then nor was
ever the trustee, was operating without an active license, that the Deed of Trust had already been
rescinded and any security or other beneficial interest forfeited, and that if he had actually given
any money to QLS that just as it was stated in the purported notice of trustee sale seen as QLS
was “unable to convey title … the successful bidder's sole and exclusive remedy shall be the
return of monies paid … and the successful bidder shall have no further recourse.” RJN Ex. # 2-
WQLS, at *8. I advised him that he should probably seek to get that money back as quickly as
possible because QLS had defrauded him and whomever he represents, but he brushed it aside
and attempted to assure me that he knew for a fact that QLS had proper authority (even though
he couldn’t even remember who they were at first) and told me in his own words the he and
whom he represented “were not at risk of any financial loss”. Which gave me the impression that
they paid nothing and were most likely acting in conspiring with QLS to illegally without paying
a dime obtain possession of our home of over 25 years which we owned free and clear so they
could unlawfully sell it and profit from the fraud. Which come to find out later on was a very
accurate judgment see the names of the defendants in RJN Ex. # VD-PFC as well as the mailing
address of Michelle Nguyen Id. at *6,the name of the notary public in RJN Ex. # 3-DTD, at *2 as
well as address of the so “called Grantee” Id. at *1, and the name of the notary public in RJN Ex.
# 3-TPGD, at *1. See also RJN Ex. # FB-GN, at *1 look at the address of Gary Nguyen’s
QUALITY LOAN SERVICE CORPORATION. as Trustee. (whereas so designated in the Deed of Trust
hereunder more particularly described or as duly appointed Trustee) does hereby GRANT and CONVEY
to
(herein called Grantee) but without covenant or warranty, expressed or implied. all right title and interest
conveyed to and now held by it as Trustee under the Deed of Trust in and to the property situated in the
county of ORANGE, State of California, described as follows:
LOT 174, TRACT 2388, IN THE CITY OF WESTMINSTER, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
PER MAP RECORDEO IN BOOK 77, PAGES 39 TO 41 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM ALL OIL, GAS, MINERALS
AND OTHER HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE
OF SAID PROPERTY, BUT WITH NO RIGHT OF SURFACe ENTRY, AS PROVIDeD IN DeeDs OF RECORD.
This conveyance is made in compliance with the terms and provisions of the Deed of Trust executed by RICHARD
SHeLLY, AN UNMARRIEC MAN AS HIS SOLE AND SEPARATE PROPERTY, as trustor, dated 511512006, and
recorded on 5126J200S as Instrument number 2006000359250, in Book xxx, Page xxx of Official Records in the
Trustee's Oeed Upon Sale
Page 2
offICe of the Recorder of ORANGE, California, under the authorjty and powers vested in the Trustee designated in
the Deed of Trust or as the duly appointed trustee, default having occurred under the Deed of Trust pursuant to the
Notice of Breach and Eledion to Sell under the Deed of Trust recorded on 111712008, instrument no
2008000524486, Book )00( , Page xxx, of Official records. Trustee having complied with all applicable statutory
requirements of the Stale 01 California and performed all duties required by the Deed of Trust including sending a
Notice of Default and Election to Sell within ten days after its recording and a Notice of Sale at least twenty days
prior to the Sale Date by certified mail, postage pre-paid 10 each person entitled to notice In compliance with
California Civil Code 2924b
Default occurred as set forth in a Notice of Default and Election to Sell which was recorded in the office of
the Recorder of said County.
All requirements of law regarding the mailing of copies of notices or the publication of a copy of the Notice
of Default or the personal delivery of the copy of the Notice of Default and the posting and publication of
copies of the Notice of Sale have been complied with.
Said property was sold by said Trustee at public auction on 9/23/2009 at the place named in the Notice of
Sale, in the County of ORANGE, California, in which the property is situated. Grantee, being the highest
bidder at such sale, became the purchaser of said property and paid therefore to said trustee the amount
being lawful money of the United Stales, or by the satisfaction, pro tanio, of the obligations
then secured by said Deed of Trust.
By: '"
Jenny RI s
State of California )
County of San Diego)
On "/Z(IMl before me, Michelle Nguyen a notary public, personaUy appeared Jenny Rios, 'NIlo
pro~the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/sheJthey executed the same in hislherltheir
authorized capac1ty(ies), and that by hislherltheir signature(s) on the instrument the person{s), or the entity
upon behalf of which the person{s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
@'.~lI~~~lLE. ~~~ly:~!'~~,::1
paragraph is lrueand correct. llfll'l{,( '~llll1nll)'I IHI,"""? lI lr
WITNESS ~~~~~~~~~":."',;;~)"'· ~
Io..~
~'~~ $~~
IUJJ ...;:.,~ II
'~ ~\ ' . ,, ~ COMM . • t665032 ~
-~~t::~~~~~~!:S;"\"~~~I a~
.~ it~· , -NOfAln"~ ~CAI,!..I'Q:ftPM. ·IAU
SAN"DlE"G6"tOUNTY
--
~
)1.....: ....,~ . Comm. ElIp. W'<iY.,8, 2010 ll ~ r J
4~ YT~\lC
THIS OFFICE IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WilL BE
USED FOR THAT PURPOSE"
Exhibit # 3-MIN
MERS® Servicer Identification System - Results
Return to Search
Return to Search
Defendant.
I Richard Shelley do declare as follows. In page one of this exhibit (RJN Ex. # 3-MIN
*1) there is included on one page two different webpage snapshots separated by a red line in the
middle taken from the Mortgage Electronic Registration Systems (hereinafter “MERS”) website
declaration of the exhibit and do a search using this MIN (Mortgage Identification Number):
1001944-1000321997-4 (containing the actual loan number: 1000321997) which is the same
MIN in the Deed of Trust (see RJN Ex. # 2-DTO, at *1), the same MIN that was inactive in
December, 2008 (see RJN Ex. # 2-MC, at *10), the same MIN in the incomplete assignment of
the Deed of Trust that was never executed and recorded (see RJN Ex. # 2-MUA, at *2), the same
MIN contained and referred to in the purported Trustee’s Deed Upon Sale created and used by
Defendant/Appellee Quality Loan Service Corp. (see RJN Ex. # 2-WQLS, at *3, and attached
original), and the same MIN contained in and referred to in the purported Trustee’s Deed Upon
Corp., notarized by Michelle Nguyen and recorded on October 1, 2009 (see RJN Ex. # 3-DTD)
you’ll most likely get search results similar to the webpage snapshot in the lower portion in the
first page of this exhibit (RJN Ex. # 3-MIN, at *1). This shows us that despite the fact that in
December of 2008 at that time the MIN had been inactive because of the principal balance on the
loan had already been paid in full, Defendant/Appellee Litton Loan Servicing L.P. somehow
possibly pulled out another loan by using and reactivating the MIN and probably kept the money,
and despite the fact that Defendant/Appellee Quality Loan Service Corp.’s purported Trustee’s
Deed Upon Sale has been recorded the MIN remains active to this day. I Richard Shelley do
declare under penalty of perjury that to the best of my knowledge the foregoing is true and
correct.
Grantee
Recorded in Official Record., Orange County
WHEN RECORDED MAIL TO Tom Daly, Clerk-Recorder
ESCROW NO .
TITlE ORDER NO
SPACE Aeove THIS LINE FOA RECORDER'S USE ON.. Y
EXECUTION:
Authorized Partner/Entity: THE TILLAMOOK TRUST, WITH NEWWAVE SERVICES.LLC AS TRUSTEE:
Non-Authorized Partner/ ~~:... THE GIANT TRUST .WITH DHK PAATNEI3S,LLC AS TRUSTEE
Hy : ~ .$ """'J"
C&?"' Date: 1010212009
Print Name & Capacity: KENN Y LVI DHK PARTNER),LLC
!I
••• "SI'
HLm:N HGUY£N
\. i ,------ @ •
.
CommIlilon tl1830222
N~.ry Public - C.lilotl\l,
Otlnp. COt.lRty
--4\
--'i<\,:,'t,,!,~,,/,-~--,,"-
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..
II! Comm.E lfuJ'n14.2013
Signature:
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
\N ~
County of .
On~'M 111~?'\ beforeme.i~® '{\~1~JJ.~~~) "R~\V
personally appeared hR,1.J\. \1\ ~Q,V\
who proved to me on the basis of satisfactory evidence t~ the person<?5 whose name¢y(~e subscribed to
the within instrument and ac~ledged to me that h~ey executed the same in hi~clr authorized
capacity(iri). an~ ~at by hi s<!!>"their slgnature~ on the Instrument the personp1. or the entity upon behalf of
which th{ person~) acted. executed the instrurlerit.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct .
HUVEN NGIMN
WlTNES my hand and offi cial seal.
@• CommIul(lft.11130222
Nour, Public· Calilomil
OrJlIgt County
Comm. E jt . . Jan 104, 2013
II I.
~:::>
Til k Partnership, a General Partnership
By: N w W e S
Hien Nguye n
ices, LtC. Trustee B~Trustee
STATE OF CALIFORNIA )
}S.S_
COUNTY OF ilit'l~u }
1 certify under PENALTY OF PERJURY under the laws ofthc State of California that the foregoing parugraph is
true and correct.
EXHIBIT "A"
LOT 174, TRACT 2388, IN THE CIlY OF WESTMINSTER, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP RECORDED I N BOOK 77, PAGES 39 TO 41 INCLUSIVE OF
MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNlY RECORDER OF SAID COUNTY.
EXCEPT THEREfROM THE OI L, GAS, MINERALS, AND OTHER HYDROCARBON SUBSTANCES LYI NG
BELOW THE SURFACE OF SAID LAND, AS PROVIDED IN DEEDS OF RECORD.
'. 1.;/1'
- - --"'"
I", :, t o!
Exhibit # D-TOF
Re: Fw: Richard Shelley v. Quality Loan Service Corp.
Subject Re: Fw: Richard Shelley v. Quality Loan Service Corp.
From Michelle_Urie@cacd.uscourts.gov
To Philip
Attachments <<pic17807.jpg>>
Mr. Shelly,
Please contact the Office Supervisor, Jeff Allsteadt, at (714) 338-4760 as I believe your
questions can be best answered by him.
Thank you,
Once again, my last name is Shelley not Shelly so please do not call me Mr.
Shelly as I do not even know who that is. Please refer to me as Mr.
Shelley.
I would call unfortunately I'm going to need some sort of written explanation for the 9th Circuit
Court of Appeals as to why the transcript order was never filed on the docket and why the 9th
Circuit never received a transcript. Not to mention as it appears, you may have me mistaken for
somebody else that is not associated with the Plaintiff in the case referenced below. I'm also
inquiring and need answers as to why in the order attached in the previous message it listed
ARTHUR NAKAZATO as the Magistrate Judge when he was recused and the case reassigned
(see attachment
"8 Order Recusal"), and why the same ARTHUR NAKAZATO was not recused in Case #
8:09?cv?01261 (see attachment "Removal").
----- Original Message -----
Defendant.
I Richard S helley do declare that on or within a couple of days befo re 8/24/09 I filed the
transcript o rder form for the abov e captioned case in the U.S. District Cour t, Central District of
California, Santa Ana Division. T he fi rst four pages of th is Exhibi t is a true and accura te co py of an
email that reflects the communicatio ns between me and Maria Beesley Court Reporter to District Judge
Cormac J. Carney as well as M ichelle Urie Cour troom Deputy to District Judge Corm ac J. Carney
regarding the filing of the transcript order and other issues. I Richard Shelley do declare under penalty of
You may be a creditor of the debtor. This notice lists important deadlines. You may want to consult an attorney to protect your rights. All
documents filed in the case may be inspected at the bankruptcy clerk's office at U. S. Bankruptcy Court, 411 West Fourth Street,
Suite 2030, Santa Ana, CA 92701−4593
NOTE: The staff of the bankruptcy clerk's office cannot give legal advice.
See Reverse Side For Important Explanations
Debtor(s) (name(s) and address):
Gary Nguyen Case Number:
20675 Adam Cir. 8:09−bk−18532−RK
Yorba Linda, CA 92886
All other names used by the Debtor(s) in the last 8 years (include Last four digits of Social Security or Individual Taxpayer−ID (ITIN)
married, maiden and trade names): No(s)./Complete EIN:
Debtor: Dbt SSN: xxx−xx−6801
Joint Debtor:
Attorney for Debtor(s) (name and address): Bankruptcy Trustee (name and address):
Christopher P Walker Jeffrey I Golden
505 S Villa Real Dr Ste 204 Weiland, Golden, Smiley, Wang Ekva
Anaheim Hills, CA 92807 P.O. Box 2470
Telephone number: 714−639−1990 Costa Mesa, CA 92628−2470
Telephone number: (714) 966−1000
Meeting of Creditors
Date: September 30, 2009 Time: 08:00 AM
Location: 411 W Fourth St., Room 3−110, Santa Ana, CA 92701
License information taken from records of the Department of Real Estate on 6/12/2010 3:44:55 PM
0 Comments 0
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Business Editors
Attorneys Gregory B. Gershuni and Ian Imrich, representing Stephen and Kristin Cobb of
Irvine, have obtained a Temporary Restraining Order from the Orange County Superior
Court against Litton Loan Servicing, L.P., Greg Metcalf, and Possess the Land, Inc., to
halt eviction proceedings threatened against the Cobbs.
The Cobbs and their attorneys will hold a press conference on Thursday, February 20th,
2003, at 10:15 AM in front of the Orange County Superior Court, 700 Civic Center Drive
West, Santa Ana, CA. prior to a preliminary injunction hearing in the case. Hon. Thomas
Thrasher, Sr. has set the matter for a preliminary injunction hearing in his courtroom,
Department C-11, at 11:00 AM on February 20, 2003. The case is entitled Stephen Cobb
and Kristin Cobb vs. Litton Loan Servicing, L.P., et. al., Case No. 03CC01832. Greg
Metcalf, and Possess The Land, Inc., are also named as defendants in the lawsuit.
Shortly after moving with their three children from Colorado to California, the Cobbs, in
October, 1998, purchased their Irvine home for $535,000. The first trust deed mortgage
on their home was held by defendant Litton. In late 2001, the Cobb family experienced a
number of unforeseen personal and financial setbacks and fell behind in their loan
payments. They received a default notice in February of 2002; however, in May of 2002,
the Cobbs entered into a written workout agreement with Litton by which they would be
able to satisfy their mortgage debt arrearage by paying $10,000 initially, and then 12
monthly payments.
After paying the initial $10,000, the Cobbs paid each monthly payment on or before the
due date, including their payment for January, 2003, which was not due until January
20, 2003. On January 14, 2003, with only a few months to go on the repayment plan,
the Cobbs were served with a three-day eviction notice indicating that the family home
had been sold at a foreclosure sale on January 3, 2003, by Litton to Greg Metcalf's
corporation, "Possess the Land, Inc."
Prior to receiving the eviction notice, the Cobb family had no idea that their family home
had been foreclosed upon.
"It is completely unbelievable to us that Litton could steal our family home," said
Stephen Cobb. The foreclosure by Litton and Metcalf's attempt to evict the Cobbs caught
the Cobb family entirely by surprise. The Cobb family immediately contacted Litton in an
attempt to rectify Litton's mistake. Litton failed to respond to the Cobb family's cry for
help, according to their attorney, Gregory B. Gershuni.
"This entire situation has been devastating to us, and especially our daughters who are
now afraid that they will be uprooted from their schools and forced to move," said Kristin
Cobb. "We are all in shock over this," she continued.
Their attorney, Gregory B. Gershuni, stated, "The Cobbs are decent, hard-working people
who have poured their hearts and souls into creating a safe nest for their family. To have
their sense of security ripped away from them is wrong. The Court cannot let such an
injustice stand. We are confident that the Court will do what is necessary to right this
injustice."
Plaintiffs' Counsel: Gregory B. Gershuni and Ian J. Imrich with the Los Angeles, CA law
firm of Gershuni & Imrich, LLP; tel: 310/474-6300.
Defense Counsel: Stephen Silverstein and Stuart Wingo Knight represent Defendants
Metcalf and Defendant Possess the Land, Inc.; tel: 714/832-3651 (Silverstein) and
714/730-4808 (Knight). General Counsel for Litton; tel: 800/669-6650.
Profile Information
Status History
To Phlip
I am expecting Litton's motion to dismiss any day now. As I have already stated, I will _not_
take directions from you. I had no part in and no knowledge of your illicit contact with Litton,
and I strongly disapprove of it. If _Richard_ wants the "claims and documents" you reference
below filed, please arrange for Richard to sign a substitution
of attorney and order as soon as possible. SFD
Phlip wrote:
> if you need more copies of supporting documents to FDCPA claims let me
> know
>
> ----------------------------------------------------------------------
> --
>
Defendant.
I Richard Shelley do declare the following. On April 8, 2009 I executed the General
Power of Attorney(hereinafter “P.o.A.”) included in this exhibit marked as Exhibit # D-RGPA,
free from duress and out of my own free will, granting a general power of attorney to Philip J.
Shelley (hereinafter “Philip”) to act as my agent and attorney in fact. Thereby, revoking any and
all general powers of attorney and special powers of attorney that had been previously signed by
me. I apparently forgot to include the date when signing it, but did fill it in later on during the
day. Following execution and acknowledgment of the P.o.A by Philip, I instructed him to
transmit and give notice of it to former counsel Stephen F. Dial which he apparently did
accomplish and sometime thereafter I verified receipt by telephone acknowledgment by Stephen
F. Dial. On May 8, 2010 I reaffirmed the P.o.A and acknowledged said reaffirmation in the
presence of two witnesses who both filled out the rest of the form by including their addresses
and executing as witnesses the acknowledgment of my reaffirmation of the granting general
power of attorney to Philip J. Shelley and the revocation of any and all powers of attorney
previously granted to Stephen F. Dial. I Richard Shelley do declare under the penalty of perjury
that the foregoing is true and correct.
/s/Richard Shelley - 7/22/10
Richard Shelley - Date Executed
Digitally signed by
Philip J. Shelley
DN: cn=Philip J. Shelley,
o, ou,
email=PhilipJS@verizon.
net, c=US
Date: 2010.07.22
20:25:29 -07'00'
10
11 SECURITIES AND EXCHANGE COMMISSION, Case No. ;;ACv f~ -83U Atf5(AfJ;J
12 Pla~ntiff , FINAL JUDGMENT OF PERMANENT
INJUNCTION AND OTHER RELIEF
13 vs.
14 MICHELLE
15
HAOVU
NGU1~N, LISA NGUYEN and
ENTERED
Defendants.
16
17
Pla~ntiff Secur~t~es and Exchang
18
hav~ng filed and served upon Defenda ") a
19
Summons and Complaint ~n th~s act~oni Nguyen hav~ng adm~tted serv~ce
20
upon her of the Summons and Compla~nt ~n this action and the
21
Jurisdiction of this Court over her and over the subJect matter of
22
this act~on; hav~ng been fully advised and informed of her rlght to
23
a Judlcial determinat~on of this matter, having waived the entry of
24
f~ndlngs of fact and conclusions of law as prov~ded by Rule 52 of
25
the Federal Rules of Civ~l Procedure; hav~ng consented to the entry
26
of th~s F~nal Judgment Of Permanent Injunctlon And Other Relief
27
Aga~nst Mlchelle Nguyen ("Final Judgment"), w~thout admittlng or
28
I Hf"lEBY CERTIFY lHAT nils DOCUMM WAS SE!!VBl BY
/' FI," CI~S' MAil POSTAGE PREPAID, TO All COUNSEL
--:7' Docketed ~~;:~:~~~I~T~~::f:~~OSt RECOO AOORESS OF
T Mid copy Ptys
Mid Notice Ptys DATED
_--1..(...
••• -
....-_Sl...'
I-~I'S
--
1"--__
;J:§.JS.6 D£PUlYCl£IlI( ;; JQY)
1 deny~ng the
•
Case 8:99-cv-00830-AHS-AN Document 8
15 exchange.
16 A. emploYlng any devlce, scheme, or art~flce to defraud;
17 B. maklng any untrue statement of a material fact or
18 omltt~ng to state a material fact necessary In order to
19 make the statements made, In the light of the
20 circumstances under which they were made, not mlsleadlng;
21 or
22 C. engag~ng In any act, practice, or course of business
23 whlch operates or would operate as a fraud or dece~t upon
24 any person;
25 In violat~on of Section 10(b) of the Securitles Exchange Act of 1934
26 [15 U.S.C. § 78j (b)] and Rule 10b-5 thereunder [17 C.F.R.
27 § 240.10b-5].
28
- 2 -
1
•
Case 8:99-cv-00830-AHS-AN Document 8
••
Filed 11/16/99 Page 3 of 5
2 II.
- 3 -
•
Case 8:99-cv-00830-AHS-AN Document 8 Filed 11/16/99 Page 4 of 5
1 under cover of a letter whlch ldentlfles the defendant, the name and
2 case number of this litigatlon and the name of the Court. A copy of
3 the cover letters shall be slmultaneously transmltted to counsel for
4 the CommlSSlon at its Los Angeles offlce.
5 IV.
6 IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the proVlslons
7 of the Consent filed concurrently wlth thls Flnal Judgment are
8 incorporated by this reference, and that Nguyen shall comply wlth
9 the Consent.
10 V.
18
19
26
27
28
- 4 - JUDGMENT
1
•
Case 8:99-cv-00830-AHS-AN Document 8 Filed 11/16/99 Page 5 of 5
CERTIFICATE OF SERVICE
25
28
UNITED STATES COURT OF APPEALS
Defendant.
I Richard Shelley have personally reviewed the referenced below transaction histories included in the
image contained within this Declaration on the following page. In the image on the following page of
this Declaration are photocopies of true and accurate sections with a redacted account number from
transaction histories provided by Defendant Fremont Investment & Loan and Appellee Litton Loan
Servicing who are both parties to the case which is now on appeal in the above captioned case. I am the
Plaintiff/Appellant and also a party to this case. In the following image the upper portion reflects the
Fremont Investment & Loan account # 1000321997 which is the same account in connection with and
referenced on the Deed of Trust Recorded in the Official Records of Orange County, California on
5/26/06 as instrument # 2006000359250 attached to the complaint in this case as Exhibit B. The upper
portion of the image below reveals that on 9/07/06 indicated as transaction number 19, $272,424.11 was
applied toward the principal, leaving the principal balance owing at $0.00. The account in the below
portion of the image reflects an unknown account that was not open by me the Plaintiff/Appellant, but
S
Shelley v. Quality - D-ATH
H Pageʹ
DECLARATION OF PHILIP SHELLEY
I Philip Shelley have personally reviewed the transaction histories contained in the image
included on the previous page of these Declarations. The top portion of the image appears to be a
transaction history printout from Fremont Investment & Loan of loan account number
1000321997, which appears to be the very same account relevant to and referenced in the Deed
of Trust dated 5/15/06 and Recorded in the Official Records of Orange County, California on
was applied paying off the account in full leaving no balance remaining. The bottom portion
appears to be the transaction history printout apparently from Litton Loan Servicing of an
account with almost similar characteristics of the aforementioned account (such as a total
principal amount close to but not the same amount on the bottom of the printout), but a wholly
separate account that is not identified anywhere nor referred to in the aforementioned recorded
instrument. I Philip Shelley do declare under penalty of perjury that to the best of my knowledge
RICHARD SHELLEY,
No. 09-56133
Plaintiff – Appellant, D.C. No. 8:09-cv-00291-CJC-MLG
V. Central District of California,
Santa Ana
QUALITY LOAN SERVICE CORP.;
LITTON LOAN SERVICING LLP DECLARATION OF RICHARD
SHELLEY AS TO THE CREDIT
Defendants – Appellees, TRANSACTION
and AND CIRCUMSTANCES
SURROUNDING AND IN
FREMONT INVESTMENT & LOAN
CONNECTION WITH IT
Defendant.
I Richard Shelley do declare as follows. Within a month’s time preceding the rescinded
transaction in question in this case, I had received solicitation by phone from Jeff Merrick, the
previous creditor’s representative responsible for providing the credit terms in the paying off of
all my debts at the time of the prior agreement (see RJN Ex.#1-AF). Mr. Merrick had indicated
that he was a working with a new company at the time that could provide credit refinancing for
me on more reasonably favorable terms. Mr. Merrick had also informed me of an upcoming rate
adjustment at that time, a feature that I was not entirely informed about during the previous
transaction and was unaware of. The day that I met with the agent of the lender’s which was on
or about May 16, 2006 I remember I was already running late because I didn’t get off of work as
early as I had hoped. So I had to drive straight from where I work for the U.S. Postal Service at
15030 Goldenwest Cir., Westminster, California 92683 to the agent’s office at 3662 Katella
Ave., Ste. 201, Los Alamitos, California 90720 where the meeting took place. When I got there I
was presenting to me to for my signature. Ms. Martin seemed to be in a rush apparently because I
was running late and it may have been closing hours for that office. Although I may have signed
some documents and received a very large bundle of copies of several different junk like
advertising documents to review others which only to inform me that I had a right to receive a
certain disclosure and may only obtain them by written request from Fremont Investment &
Loan. While I don’t particularly know of the time which I received each and every document of
all of them I do know some other than the very large bundle provided to me at the time of the
transaction. Some of the ones that I know were sent in another large bundle at a later date by
Fremont Investment & Loan (see RJN Ex.# MC *1) were RJN Ex.#s 2-A1 (because it was one I
was charged for and specifically requested); and 2-FWR (because I remember wondering what it
was). Then there were other sets of disclosures later provided by Litton Loan Servicing (see RJN
Ex.# MC *4-5, *9-10), the only one I can recall receiving from one of those times was RJN Ex.#
2-A. Among the others that I’m not sure of whether I was provided with copies of for my review
at the time of the transaction as Ms. Martin had rushed me or provided to me later by Fremont or
Litton were ones such as RJN Ex.#s 2-URE *2-3; 2-MUA; 2-DTN as well as others. In RJN Ex.#
2-DTO, at *1 there is some reference to a Note purportedly signed by me on May 15, 2006 prior
to the transaction with Ms. Martin which is absolutely false, because I only ever met with one of
the lender’s agents the one time. I don’t recall ever being told that any of the documents I was
signing was such a Promissory Note which I reasonably would have remembered being asked to
sign such a Note by Ms. Martin but don’t believe was at that time. The single page included in
the exhibits attached to the complaint (Compl. Exhibit A, at *1) was received in response to a
debt dispute notification from one of either Appellees, Litton Loan Servicing LLP (debt dispute I
copy of a page I had included in the dispute letter evidencing that the MIN was no longer active
on the MERS tracking system (see RJN Ex.# 2-MC *11) which somehow Litton was able to
reactivate and still remains active today (see RJN Ex.# 3-MIN) or Quality Loan Service Corp.
(RJN Ex.# 2-MC *3-5) who was neither the appointed Trustee named in the Deed of Trust (see
RJN Ex.# 2-DTO, at *2 ¶ (H)) nor ever substituted properly as such (see RJN Ex.# 2-DTO, at
*13 ¶ 24). As such the account they falsely attempt to attribute to me in place of the actual
secured account # 1000321997 in the Deed of Trust (see RJN Ex.# 2-DTO, at *1) principal
balance of which had already been paid in full (see RJN Ex.# D-ATH) had been disputed with
both parties. So the authenticity and accuracy is questionable and reasonably subject to dispute,
the copy provided was solely for the purposes having the originals ordered up to be cancelled, I
do not consent to nor can I attest as to its authenticity nor can I or do I to any of the exhibits in
any of Litton’s Request for Judicial Notices but do contest their valid authenticity. This alleged
Note was received sometime after Fremont Investment & Loan had allegedly sent me a “notice
of assignment, sale, or transfer of servicing rights” RJN Ex.# 2-MC, at *2(uppercase lowered).
This unsigned notice alleged that the only obligatory account I had with them, the principal
balance of which had already been paid in full (see RJN Ex.# D-ATH) was to be assigned, sold
or transferred to Litton Loan Servicing but says nothing of the Note purportedly signed on May
15, 2006 or any Note for that matter and there was never any recording evidencing any such
assignment to Litton in the Official Records of Orange County, California which only raises
more questions. I’ve enclosed some of the original copies of the instrument or documents that
were provided to me in the large bundle for my review (see RJN Ex.#s 2-GD; and 2-DTO), but at
the meeting with Ms. Martin I was never shown any such attachments that were apart of those
provided to me contained no such “Exhibit A” attached to either of the instruments which was
consent or authorization for any such modification. Either that or I was given different, possibly
incomplete copies, but judging from the handwritten additions that were not of my own doing the
former is most likely the case (see RJN Ex.#s 2-GDA and 2-DTPA both w/highlighted markups).
And if that is the case then the changes to the ones that were recorded were most certainly done
some time after the meeting between Ms. Martin and I, because I don’t remember seeing Ms.
Martin making any changes, corrections, additions, fix-ups or anything of the sort to the
instruments or documents in my presence and she had not ever requested my informed consent
nor indicated that there was unfinished paperwork that was not completed during our meeting
and it was necessary that I come back to the office in order to finish it. Such remains to be
unexplained along with several other issues. Included with a HUD settlement statement (RJN
Ex.# 2-AH) Ms. Martin had mailed me following our meeting was a notice from her requesting I
sign and return (neither of which I did) the instruments that she included with the letter (see RJN
Ex.# 2-AE), which were backdated, contained several inaccurate statements of facts, factual
misrepresentations and asking that I consent to willingly allow them and/or their business
associates to make any misrepresentations they want to me, do whatever they like with any
money and instruments received in escrow, commit forgery, provide consent for me to purchase
my own house with the incorrect address and legal description as the buyer and indemnify and
release them and all parties thereto from any liability in law or equity (see RJN Ex.# 2-AE, at *4,
¶¶ 11-13). And even though I did not sign and return the escrow instructions it appears they may
have done all the things mentioned above anyway, making the terms of the obligation
I had never been given an opportunity to negotiate the terms, I had only met with the lender’s
agent once where there was no meeting of the minds or negotiating, there was just ‘here, hurry
up sign these and leave’, and none of the instruments which I purportedly executed and
acknowledged having executed were ever executed by the lender Fremont Investment & Loan
thereby also making the contract unilateral and revocable/rescindable unilaterally in the same as
such with my election which I did and have chosen to timely exercise that right which did
rescind the transaction in its entirety. Therefore an escrow could not have been completed
without me having given my authorization and consent to the terms, anything that was
transmitted into escrow by me which was also apparently altered without my authorized consent
that may have been released or disbursed from escrow was also done without my authorized
consent and any instruments created in connection with the transaction became null and void ab
initio as such from having rescinded the transaction, any obligation I may have had arising from
the rescission was discharged by the Defendants’ acquiescence and any beneficial right,
equitable entitlement and/or other such claims was forfeited by their failure to ever assert it at all
let alone timely. I Richard Shelley do declare under penalty of perjury to the best of my
NOTE: To secure your input, you should print the filled-in form to PDF (File > Print > PDF Printer/Creator).
*********************************************************************************
CERTIFICATE OF SERVICE
When All Case Participants are Registered for the Appellate CM/ECF System
I hereby certify that I electronically filed the foregoing with the Clerk of the Court for the
United States Court of Appeals for the Ninth Circuit by using the appellate CM/ECF system
on (date) .
I certify that all participants in the case are registered CM/ECF users and that service will be
accomplished by the appellate CM/ECF system.
*********************************************************************************
CERTIFICATE OF SERVICE
When Not All Case Participants are Registered for the Appellate CM/ECF System
I hereby certify that I electronically filed the foregoing with the Clerk of the Court for the
United States Court of Appeals for the Ninth Circuit by using the appellate CM/ECF system
on (date) .
Jul 30, 2010
Participants in the case who are registered CM/ECF users will be served by the appellate
CM/ECF system.
I further certify that some of the participants in the case are not registered CM/ECF users. I
have mailed the foregoing document by First-Class Mail, postage prepaid, or have dispatched it
to a third party commercial carrier for delivery within 3 calendar days to the following
non-CM/ECF participants: